Cancelled Flights and refunds

[DeeBee]

Due to coronavirus, my flight was cancelled. The airline won't give me a cash refund but have issued a voucher instead. This I really don't want as the airline might go bust. From what I can discern; under EU Regulation 261/2004 I am entitled to a full cash refund, but not if this is due to extraordinary circumstances.

I've tried phoning the airline but they are refusing to give me anything but the voucher even after I have stated they are breaking the law.*From what I've read in the press; I have a case, but am obviously not sure. It's not clear how I can make a complaint to the airline: I think they have deliberately made this difficult. I guess another option is to contact the regulator. Is there anyone out there in the know about this?

[R0b]

Who is the airline and was it cancelled within 14 days before departure or longer? If you've read the news recently, airlines are trying not to process refunds and instead forcing passengers to accept vouchers. There's nothing in law to say that you have to accept a voucher, you are entitled to a full refund no ifs or buts.

Of course you can go to the regulator but you could be waiting in the same bucket as everyone else who has been refused. Another costlier option would be to send a letter before action then assuming they don't pay up, issue legal proceedings and then make an application for summary judgment at a cost of £255. I can't see how the airline would have a defence since you could argue the refund is a debt and all you need to do is prove it is owed to you. If successful, you would get judgment and your £255 back.

I'm potentially going to be in the same situation as you soon because I have a flight due in April and expect it to be cancelled but I'm going to just request the refund and if they refuse then I'll be heading down the legal proceedings route rather than sit around and wait to see what happens - but that's my personal preference.

If you paid by credit card and the cost of flight is over £100 your credit card provider would be jointly liable so that may be worth looking into.

[samsim821]

Who is the airline and was it cancelled within 14 days before departure or longer? If you've read the news recently, airlines are trying not to process refunds and instead forcing passengers to accept vouchers. There's nothing in law to say that you have to accept a voucher, you are entitled to a full refund no ifs or buts.

Of course you can go to the regulator but you could be waiting in the same bucket as everyone else who has been refused. Another costlier option would be to send a letter before action then assuming they don't pay up, issue legal proceedings and then make an application for summary judgment at a cost of £255. I can't see how the airline would have a defence since you could argue the refund is a debt and all you need to do is prove it is owed to you. If successful, you would get judgment and your £255 back.

I'm potentially going to be in the same situation as you soon because I have a flight due in April and expect it to be cancelled but I'm going to just request the refund and if they refuse then I'll be heading down the legal proceedings route rather than sit around and wait to see what happens - but that's my personal preference.

If you paid by credit card and the cost of flight is over £100 your credit card provider would be jointly liable so that may be worth looking into.

Hi R0b,

I'm also looking at going down the Legal route to get my package holiday refund back, I'm not in the business of offering interest free loans to travel companies.

I've spoke to a solicitor regarding a letter, any other advice you might add for me? I.e would an email saying I'm going to refer it to my solicitor before i get them to fire a letter off?

Thanks Sam

[R0b]

Be careful on using a solicitor for this because the costs might end up being more than what you are claiming for, or at least a good chunk. As far as I understand, this is a straight forward process and claim so you could do it yourself but if you don't feel comfortable, then use a solicitor but be aware of costs as if your claim is under £10,000 you won't be getting any of those costs back in court.

I've already sent off my letter before action against the airline and have given them until next Monday to refund me or I'll just issue a claim and then apply for summary judgment because they have no lawful defence. Probably a tad dramatic but with the likes of Ryanair allegedly refusing to issue refunds until after this has all passed, British Airways forcing you to call the contact centre but not being able to get through and easyJet automatically terminating your call and telling you to try later, it appears to me they are making every attempt to avoid paying out and that just isn't right or fair.

[samsim821]

Be careful on using a solicitor for this because the costs might end up being more than what you are claiming for, or at least a good chunk. As far as I understand, this is a straight forward process and claim so you could do it yourself but if you don't feel comfortable, then use a solicitor but be aware of costs as if your claim is under £10,000 you won't be getting any of those costs back in court.

I've already sent off my letter before action against the airline and have given them until next Monday to refund me or I'll just issue a claim and then apply for summary judgment because they have no lawful defence. Probably a tad dramatic but with the likes of Ryanair allegedly refusing to issue refunds until after this has all passed, British Airways forcing you to call the contact centre but not being able to get through and easyJet automatically terminating your call and telling you to try later, it appears to me they are making every attempt to avoid paying out and that just isn't right or fair.

Thanks. Yes I've just fired a letter off I'll take your advice on the solictor and do it my self. I've gave them 14 days to issue a full refund if they dont i will file a claim. Thanks Again

[R0b]

Good luck, let us know how you get on.

[samsim821]

Hi R0B,

Sent my holiday company a letter before action , no payment so I'm gonna jump in and look at applying to the small claims courts any advice ?*

*

[R0b]

Process is pretty straight-forward for issuing a claim, which you can start by registering/signing in to MCOL - https://www.moneyclaim.gov.uk/web/mcol/welcome

Making sure you have the correct company name and address is crucial so you don't have to waste more money amending your claim.

When you get to the particulars of claim section, you are limited to the amount you can write which is about 1080 characters. I've recently issued a claim against easyJet so you can adapt the one I used below to suit your claim and make sure it fits in the word count, if it doesn't then the excess words will be deleted - check, double check and triple check before you submit your claim. The key point is to make sure you make reference to Regulation 261/2004 and right to compensation.

The Claimant purchased flight tickets from the Defendant under booking reference XXXXX. The total cost of said tickets were £XXX.XX. The contract was subject to EC Regulation No 261/2004 (Regulation).
2. On XX/XX/2020 the Defendant cancelled the Claimant's booking.
3. Pursuant to Article 8(1)(a) of the Regulation, the Claimant is entitled to a refund within 7 days.
4. The Claimant tried to call the Defendant to request a refund but the Defendant had implemented an automated messaging service that terminated the call, without the option for the Claimant to wait in a queue.
5. A letter before action was delivered to the Defendant on XX/XX/2020 seeking a refund within 7 days however, the Defendant has*failed to respond and/or pay.
6. Accordingly, the Claimant claims £224.90 from the Defendant together with statutory interest.

*

[Pink33]

Can someone tell me the conditions under which the full price of a ticket is returned?